Algerian lawyer Sofiane Ouali disappeared for organising a sit-in
Name(s):
Sofiane Ouali
Status:
Temporarily Released
Year of birth:
1988
Profession:
Lawyer
Nationality:
Algerian
Date of arrest:
Sofiane Ouali is an Algerian lawyer who defends prisoners of conscience. In July 2024, he was detained incommunicado for organising a sit-in to protest the detention of a human rights activist. He remained disappeared for several days before being temporarily released, and is currently under a criminal investigation.
Sofiane Ouali is an Algerian lawyer residing in Bejaia and a member of the Collective of the defence of prisoners of conscience. He represents several prisoners of consciences, including Algerian activist Mira Moknache. He was proscuted for the first time in 2023 where he was fined 50,000 dinars in November but got acquitted at second instance in April 2024.
He met the Special Rapporteur on human rights defenders in December 2023, during her visit to Algeria.
On July 8, 2024, Moknache was arrested and taken into custody for acts related to her right to freedom of expression.
In order to denounce the arbitrary nature of Moknache's police custody and express their solidarity, Ouali, accompanied by other activists, organized a sit-in in front of the Béjaïa court on Tuesday July 9, 2024. After this sit-in, given that many people traveled from far away to attend the sit-in and show their solidarity with Moknache, several activists including Ouali slept at the apartment of one of the activists.
At around 3 a.m. on Wednesday July 10, 2024, Béjaïa police officers dressed in civilian clothes went to the said apartment and arrested all the people who were there, including Ouali.
The police did not inform anyone of the arrest of these individuals, neither their families nor their lawyers. This contravenes articles 51 and 51 bis of the Algerian Code of Criminal Procedures, which notes that the judicial police agent is obliged to provide all necessary means to the accused at the time the decision is taken to put him in police custody, to contact either his family or his lawyer to inform them of the place where he is detained as well as the date and the court where he will be presented before the investigating judge.
On July 10, 2024, Ouali's fellow lawyers went to the central police station of the wilaya of Béjaïa to inquire about his place of detention, to no avail. Ouali's family also went to the central police station, but the police also refused to provide them with information.
On Thursday July 11, 2024, the head of the Béjaïa Bar Association contacted the Béjaïa prosecutor to ask him about the place of detention of Ouali. The prosecutor responded that Ouali is detained at the central police station in Béjaïa. However, neither the prosecutor nor the police officers communicated this information to Ouali's relatives.
On Saturday July 13, 2024, the police searched Ouali's family home and searched his personal computer.
Since his arrest on July 10, 2024, Ouali was detained incommunicado, being prevented from contacting his family and his defense who remained without any news of him and his detention conditions until he was presented to the judge on July 18, 2024.
In light of the above, MENA Rights Group submitted an urgent appeal on July 15, 2024, to the UN Working Group on Enforced or Involuntary Disappearances, asking them to inquire with the Algerian authorities regarding Ouali’s fate and whereabouts.
On July 18, 2024, Ouali was brought before the prosecutor of the criminal division of the Sidi M’hamed court, in the presence of his lawyers. The prosecutor decided to forward the case to the examining judge of the criminal division, requesting in an introductory motion that an investigation be opened against Ouali for the following charges: “Crime of advocating and encouraging terrorist acts”, “crime of using the media and communication technologies to support the actions and activities of terrorist organisations and to disseminate their ideas in a direct or indirect manner”, as well as two other charges relating to money laundering and the receipt of “illegal” funds.
After questioning by the examining judge of the criminal division that same day, the judge decided to release Ouali temporarily. The date of the hearing before the indictment division has not yet been scheduled.
| Name(s): |
Sofiane Ouali
|
| Status: |
Temporarily Released
|
| Year of birth: |
1988
|
| Profession: |
Lawyer
|
| Nationality: |
Algerian
|
| Date of arrest: |
|
Sofiane Ouali is an Algerian lawyer residing in Bejaia and a member of the Collective of the defence of prisoners of conscience. He represents several prisoners of consciences, including Algerian activist Mira Moknache. He was proscuted for the first time in 2023 where he was fined 50,000 dinars in November but got acquitted at second instance in April 2024.
He met the Special Rapporteur on human rights defenders in December 2023, during her visit to Algeria.
On July 8, 2024, Moknache was arrested and taken into custody for acts related to her right to freedom of expression.
In order to denounce the arbitrary nature of Moknache's police custody and express their solidarity, Ouali, accompanied by other activists, organized a sit-in in front of the Béjaïa court on Tuesday July 9, 2024. After this sit-in, given that many people traveled from far away to attend the sit-in and show their solidarity with Moknache, several activists including Ouali slept at the apartment of one of the activists.
At around 3 a.m. on Wednesday July 10, 2024, Béjaïa police officers dressed in civilian clothes went to the said apartment and arrested all the people who were there, including Ouali.
The police did not inform anyone of the arrest of these individuals, neither their families nor their lawyers. This contravenes articles 51 and 51 bis of the Algerian Code of Criminal Procedures, which notes that the judicial police agent is obliged to provide all necessary means to the accused at the time the decision is taken to put him in police custody, to contact either his family or his lawyer to inform them of the place where he is detained as well as the date and the court where he will be presented before the investigating judge.
On July 10, 2024, Ouali's fellow lawyers went to the central police station of the wilaya of Béjaïa to inquire about his place of detention, to no avail. Ouali's family also went to the central police station, but the police also refused to provide them with information.
On Thursday July 11, 2024, the head of the Béjaïa Bar Association contacted the Béjaïa prosecutor to ask him about the place of detention of Ouali. The prosecutor responded that Ouali is detained at the central police station in Béjaïa. However, neither the prosecutor nor the police officers communicated this information to Ouali's relatives.
On Saturday July 13, 2024, the police searched Ouali's family home and searched his personal computer.
Since his arrest on July 10, 2024, Ouali was detained incommunicado, being prevented from contacting his family and his defense who remained without any news of him and his detention conditions until he was presented to the judge on July 18, 2024.
In light of the above, MENA Rights Group submitted an urgent appeal on July 15, 2024, to the UN Working Group on Enforced or Involuntary Disappearances, asking them to inquire with the Algerian authorities regarding Ouali’s fate and whereabouts.
On July 18, 2024, Ouali was brought before the prosecutor of the criminal division of the Sidi M’hamed court, in the presence of his lawyers. The prosecutor decided to forward the case to the examining judge of the criminal division, requesting in an introductory motion that an investigation be opened against Ouali for the following charges: “Crime of advocating and encouraging terrorist acts”, “crime of using the media and communication technologies to support the actions and activities of terrorist organisations and to disseminate their ideas in a direct or indirect manner”, as well as two other charges relating to money laundering and the receipt of “illegal” funds.
After questioning by the examining judge of the criminal division that same day, the judge decided to release Ouali temporarily. The date of the hearing before the indictment division has not yet been scheduled.
